Carefully read this entire document. It describes the terms under which Lenovo will provide TechExperts for home services to you. Lenovo will provide this Service only in the United States and Canada and only if you accept the terms of this agreement. You accept these terms by using the Service (i.e., requesting that a service be performed). In addition, if you take no action within 30 days of purchasing a service, you are deemed to have accepted these terms. See Section 9 for information on cancelling this agreement.
If you do not accept these terms and have not used the Service, promptly notify Lenovo for a complete refund. To request a refund, you should, within thirty (30) days of purchasing a Service, call Lenovo at 1-855-271-3878 and request a refund or return this Agreement and Your Invoice together with a written request for a refund of the fees paid to:
Customer Relationship Management
1009 Think Place Morrisville, NC 27560
Attn: Lenovo TechExperts Program Manager
We welcome you as a Lenovo customer. As the contractual basis of our relationship, all transactions will be governed under the general commercial laws of the State of North Carolina as supplemented or modified by this Agreement, without regard to conflict of law principles. This Agreement, and its applicable attachments or supplemental documents, is the complete agreement between the Customer and Lenovo regarding the acquisition of Service and replaces any prior oral or written communications between you and Lenovo. Any additional or different terms in any order or written communications are void.
Lenovo (United States) Inc.
(“Lenovo”) will confirm receipt of the Customer’s order and will accept the order and provide Service only if (1) you accept the terms of this Lenovo TechExperts for Home Service Agreement (“Agreement”), and (2) the Service is available.
If you do not accept the terms of this agreement, you may cancel your order in accordance with the terms of cancellation (see Cancellation of Services) If you do not cancel your order within the specified time frame (see Cancellation of Services) you are accepting the terms of this Agreement
Lenovo TechExperts for Home provides support and assistance to customers covering a wide range of personal computer (called “System”) questions, issues and third party hardware or application software products based on the description of the service ordered (each a “Service”). Lenovo will provide access to one or more support specialists (“Service Agent”) for the performance of the specific type of Service purchased (“Service Incident”). Support will be provided via telephone, chat, or remote session daily between 8am-8pm Eastern Time, and at other times contingent upon Lenovo’s discretion.
Each Service is independent from another Service, and each Service Incident is separate from another Service Incident. A Service Incident will be closed once Lenovo has taken reasonable efforts to complete the Service. The customer will have seventy-two (72) hours from the time the Service Incident is closed to contact Lenovo for additional assistance. If Lenovo is not contacted within this time frame, the incident will be considered new in nature and will be subject to additional charges. A Service Incident will expire twelve (12) months after the purchase date. A Subscription is valid up until the service is terminated within the guidelines of this agreement. A monthly Subscription does carry an early termination period that is in effect for 9 months, after which the billing will revert to automatic billing without notification to you.
Under this Agreement, Lenovo will provide a Service based on the description of the service the Customer purchased for products contained in the Supported Product list. Lenovo may, at any time, modify the scope of the services provided, or delete products from or add products to the Supported Product list with or without prior notice.
Lenovo will use commercially reasonable efforts to assist the Customer for the specific Service they have purchased. However, not all problems can be diagnosed or corrected easily, and some may require the Customer to return their computer to its original state, reload the operating system, application software, reload personal settings and data, or work with a third party hardware or software vendor to resolve the problem. Lenovo or its affiliates are not responsible for any loss of data. It is assumed and expected that the customer make regular data backups and has backed up all data prior to the Service being commenced.
The Customer agrees to: 1) follow the procedures and policies as they pertain to Lenovo Services; 2) work with the Service Agent and assist in performing the repair activities as directed; 3) backup any and all computer hard disk drives and/or other storage devices prior to the commencement of any services; 4) accept responsibility for any loss, alteration or corruption of YOUR data, software or files;5) ensure that the computer meets all requirements and specifications required for each hardware or software application installed; 6) provide the Service Agent with required passwords and key codes as needed; 7) ensure that you have all legal rights, including copyrights for all software and other files on said computer; 8) inform the technician of any special requirements for proprietary software that should be considered prior to the commencement of work (such as the existence and preferred use of Thinkvantage Technologies); 9)assume responsibility for problem resolution due to third party hardware and software compatibility issues; and 10) defend, indemnify and hold harmless Lenovo and its subcontractors, from and against any and all liabilities, damages, claims or proceedings arising out of failure to comply with the above items.
Except for credit or debit card transactions, amounts are due upon receipt of invoice from Lenovo. The Customer agrees to pay as specified by Lenovo, including any applicable sales, use or similar taxes, fees or duties (unless exemption documentation is presented and processed in advance), and any late payment fees. No other discounts, quantity entitlements, or promotions apply unless expressly specified for prior to the completion of this transaction.
If a Service is quoted at an incorrect price due to typographical error or error in pricing information: 1) Lenovo has the right to refuse or cancel any orders placed for the Service quoted at the incorrect price, even if Lenovo has confirmed the receipt of the order and charged the Customer’s credit or debit card: and 2) if Lenovo has charged the Customer’s credit or debit card but subsequently canceled the order, Lenovo will promptly issue a credit to the Customer’s credit or debit card account for the amount charged.
One-time or Single Incident service: Is defined as any service that is purchased that is for a specific service and that does not include future repairs as part of the service description. Such services can be purchased using any acceptable form of payment to include a valid, pre-approved, Lenovo charge account.
Annual Subscription Service: Is defined as a service agreement that entitles the customer to specific services (as defined in the service description) for a period of 1 year. This is an auto-renewing service. If the customer would like to cancel their service beyond the 12 months contract period, customer should call or email to cancel the auto-renewing service.
Monthly Subscription: Is defined as a service agreement that entitles the customer to services (as defined in the service description) for as long as the subscription plan is held in good standing and has not been cancelled or in any way deactivated by either the customer or Lenovo. Monthly Subscriptions Services can only be purchased using a valid credit card. This offering does carry an early termination period and auto-renews (invoices the customer) on a monthly basis until such time as the service is cancelled. The monthly billing is processed automatically and without notification or a receipt being sent to the customer. Proof of purchase can be evidenced by providing a valid credit card statement that details the specific charge in question. The customer will be billed immediately upon the purchase of a monthly subscription. All billings cover the month following. Lenovo reserves the right to alter any part of an ongoing subscription without notification to the customer.
One-time or Single incident Services are valid for up to 12 months after the date of purchase.
Annual Subscription Services will remain in effect and can be used, within accordance of the offerings restrictions, for up to 12 months after purchase.
Monthly Subscriptions Services can be performed at any time as long as the subscription is held in good standing and has not been terminated by either the customer or Lenovo.
Use of the support Services for the Subscription based plans shall be subject to a "fair use" policy as discussed herein. Under this policy, if at any time, based on Lenovo’s sole discretion, a Subscription-based plan user is found to be abusing the Service by exceeding the level of use reasonably expected from using a Subscription-based plan for individual use, then Lenovo reserves the right to suspend or terminate the user’s Subscription Services. In addition, Lenovo reserves the right to suspend or terminate any Subscription Service of any user that Lenovo, in its sole discretion, determines to be used (a) fraudulently, (b) by any person other than user, or (c) for any computer system other than the primary/ registered system(s). On the other hand, you or any user may also terminate any Service or Subscription Service which have already been initiated at any time by notifying Lenovo via phone (855)271-3878. Early termination fees may apply.
During your Services session, the following information may be collected and sent to Lenovo via secured connection or from the computer on which the Support Tool or software is installed:
All the information indicated as being collected in this section is necessary for the purpose of analyzing, diagnosing, resolving problems and optimizing the functionality of Lenovo’s products. This information may be collected by or transferred to a Lenovo affiliate located outside of the United States; however this information will not be shared outside of the Lenovo network.
Lenovo may disclose the collected information if required to do so by a law enforcement officials as required or permitted by law or in response to a subpoena or other legal process.
One-time or Single Incident Services: Can be cancelled and refunded up to 30 days after the initial purchase provided there has not been any redemption activity requested by the customer.
Annual Subscription Services: Can be cancelled and refunded up to 30 days after the initial purchase provided there has not been any redemption activity requested by the customer.
Monthly Subscriptions can be cancelled at any time via phone (855)271-3878. If terminated within the early termination period, a charge will be applied equal to $10 for every remaining, unpaid month. The early termination period is defined as the first 10 months of the subscription offering being purchased. In the event the service is cancelled after the early termination period, the customer will be eligible for services up to the period of time that has been determined to have been paid for prior to cancellation. Should a customer wish to receive a refund at the time of termination, the amount will equal a prorated amount based on the time used since the last invoice was processed.
Similarly, any order from Lenovo for discs containing specific operating systems and/or applications required to repair or improve the performance of the device (“Recovery Disc”) can no longer be cancelled once shipped, or returned/refunded once delivery has been made to the Customer. The Customer can still cancel a Service which has been ordered together with a Recovery Disc in accordance with the cancellation procedure in the foregoing provision. However, once a Service has been rendered, whether fully or partially, it can no longer be cancelled or refunded for any reason.
The Customer must notify Lenovo within 30 days from the date of purchase of any defects in the quality or content of a Recovery Disc received from Lenovo. Replacement of the product received will be provided as applicable, or, if that product is no longer available, a refund may be provided.
If Lenovo exercises its right to end or terminate service and Lenovo in its sole discretion agrees to pay a refund, such a refund will be limited to the per-incident fee for One-Time Remote Services, one month price for Subscription Service with no term and, a pro-rated amount of the service fees paid for a Subscription Service with a minimum term of 10 months.
Services are not transferable. The customer may not use any Services in connection with any sharing arrangement, on behalf of any third-party or with respect to any device not owned by the Customer or software program not installed on devices owned by the Customer.
In the course of providing the Services, Lenovo may determine that the issue is beyond the scope of the Services. Customer acknowledges that Lenovo may not be able solve Customer’s particular problem. The Customer acknowledges that not all spyware, malware or virus can be successfully removed, and that such removal or removal attempts may impact the performance of other software programs on the customer's system. Lenovo does not guarantee or warrant that any or all spyware, malware or virus will be or can be removed, and Lenovo does not guarantee or warrant instances where spyware, malware or virus removal or removal attempt impacts the performance of other programs on customers' systems.
Upgrade of single incident service to subscription or downgrade of subscription to Single incident service must be requested within first 30 days of purchase or order for the same.
Lenovo may, at its sole discretion, cancel a specific Service or all Services. In this event, the Customer may be entitled to a refund for any unused Service Incidents which include actual troubleshooting and/or intensive diagnostics leading to the resolution of any computer issues.
Subscriptions to the services will be automatically renewed (monthly or annually) unless the Customer calls to cancel the subscription. If the Customer wants to cancel the service, and are within the early termination period of the subscription, service will be canceled with the Early Termination Fee of $10 per month, for the remaining months left in the early termination period.
Failure to maintain a valid card or failure to provide a non-expired card prior to expiration of the card on file may result in termination and an early termination charge may apply. If Lenovo cannot provide an effective solution to the first issue presented and the first issue was presented for resolution is within 30 days of the subscription purchase date, the first month subscription fee will be refunded and applicable Early Termination Fees (ETFs) will be waived upon request and at Lenovo’s discretion. ETF waivers will be considered only in the event notification was made within 30 days of the purchase date.
Changes to Fees and Charges: Lenovo may, at any time, without notice change the amount of or basis for determining any fee or charge, institute new fees or charges or otherwise modify its billing practices on any of service offering to include the Monthly Subscription offering. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable.
Lenovo warrants that it will perform Services using reasonable care and skill.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU..
Lenovo does not warrant that Lenovo will be able to correct all problems.
Both parties (Lenovo and Customer) agree that under this Agreement: 1), all information exchanged will be considered to be non-confidential. If either Party requires the exchange of confidential information, it will be made under a signed confidentiality agreement; and 2) any information disclosed or provided to Lenovo, over the telephone or electronically is not customer proprietary information.
Lenovo and their related companies will process, store and use information about the Customer’s transaction and contact information, including name, phone numbers, address, and e-mail addresses, to process and fulfill any transaction. We may also contact the Customer to notify of any product recall, safety issue or service actions. Where permissible under local law, we may use this information to inquire about Customer satisfaction with our products or services or provide the Customer with information about other products and services and, if we do so, The Customer may at any time decline to receive any further such communications from Lenovo. In accomplishing these purposes, we may transfer the Customer’s information to any country where we do business, we may provide it to entities acting on our behalf, or we may disclose it where required by law. We will not, however, sell or otherwise transfer the personally identifiable information provided by the Customer to any third parties for their own direct marketing use unless we provide clear notice to The Customer and obtain explicit consent for data to be shared in this manner.
LENOVO, INCLUDING LENOVO’S SUBCONTRACTORS, SUPPLIERS, OR SOFTWARE PRODUCT DEVELOPERS, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: 1) THIRD-PARTY CLAIMS FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, DATA; OR 3) SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC DAMAGES, INCLUDING LOST PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
If any provision of this Agreement is deemed unenforceable or void, the remaining provisions will continue to be in effect.
Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.